Garratt v. Dailey Case Brief

Defendant was 5 years old, outside with Naomi Garratt when Plaintiff Ruth Garratt came outside into the backyard to talk with Naomi. When the plaintiff went to sit down, the 5 year old took the chair out from underneath her. The plaintiff suffered from a broken hip and other injuries and damages.

Issue:

Did the defendant know with substantial certainty that contact would result?

Decision:

Trial Court- No.

Appellate Court- Remanded case with instructions.

Trial Court- Yes.

Rule of Law:

It is not necessary to prove intent to injure or to play a prank or embarrass the plaintiff to be liable. If the defendant behaved with substantial certainty that contact would result than battery occurred.

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